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Terms of Service

Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING AND CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO CoolHub.IMSA FROM TIME TO TIME.

CoolHub.IMSA is a web-based, on-line project of the Illinois Math and Science Academy ("IMSA") and is a collaborative innovation network focused on transforming STEM teaching and learning.

As a member of CoolHub.IMSA You affirm the following principles:

a. You will participate in one or more STEM project groups b. You will share Your expertise and insights (including questions) with others in the project group c. You will respect and support the efforts, learning and rights of other collaborators d. You will exercise care in the selection of collaborators You invite to join CoolHub.IMSA e. You will keep CoolHub.IMSA a safe place where children, youth and adults may work together regardless of traditional educational roles

1.Registration and Account Security

A. To use CoolHub.IMSA, You must complete an online registration form and create an account. As part of this registration process, You will be asked to submit certain personal information (including Your full name, city and state of residence and email address). You may not provide any false personal information on CoolHub.IMSA, or create an account for anyone other than yourself. The account information You submit to CoolHub.IMSA must be accurate and up-to-date.

When creating Your CoolHub.IMSA account, You will have the ability to control privacy settings for such features as email, directory listings, and member profile. For more information about customizing Your CoolHub.IMSA privacy and profile settings, please see the CoolHub.IMSA Registration Tutorial. IMSA's Privacy Policy, which is a part of this Terms of Service Agreement is accessible at (https://imsa.edu/site/privacy). CoolHub.IMSA may refuse registration or cancel an account, at its discretion, at any time.

B. When You register for CoolHub.IMSA, You will be assigned a password that You must use to access CoolHub.IMSA. You may change this password at any time. You are responsible for maintaining the confidentiality of Your password and any other account- identifying information. You will not share Your password, let anyone else access Your account or do anything else that might jeopardize the security of Your account. You shall promptly notify CoolHub.IMSA of any lost or stolen passwords or account information. You are responsible for all activities on CoolHub.IMSA that are initiated using Your password(s) or account information. CoolHub.IMSA is not responsible for any loss or damage arising from Your failure to maintain the confidentiality of Your password(s) or account information.

C. If CoolHub.IMSA receives an email address or account name that is suspected of being submitted by someone younger than 13 years of age, CoolHub.IMSA will delete this information from its records in accordance with the Children's Online Privacy Protection Act (15 U.S. Code, 6501 et seq.).

2. Use of CoolHub.IMSA

A. Subject to these Terms, CoolHub.IMSA grants You a nonexclusive, nontransferable license to use CoolHub.IMSA solely for Your internal or personal, noncommercial purposes of learning, teaching, research and private study. The following activities are prohibited, and You agree not to engage in (or permit) such activities:

(i) Use of CoolHub.IMSA: for commercial purposes, in any manner not authorized by these Terms, or in any unlawful manner;

(ii) Use of bots, spiders, or other automated information-gathering devices or programming routines to "mine" or harvest material amounts of content from CoolHub.IMSA; and

(iii) Distribution, display or disclosure of content from CoolHub.IMSA except to the extent reasonably incidental to the noncommercial purposes authorized by this Section 2.1.

B. Your right to use CoolHub.IMSA and Your account are not transferable. Any password or right given to You to obtain information or documents is not transferable.

3. Copyright

A.CoolHub.IMSA is dedicated to collaboration and openness. Unless You specify otherwise, content (e.g., text, images and other multimedia information) ("Content") that You contribute to CoolHub.IMSA is permanently contributed and available for use by other users of CoolHub.IMSA under the Creative Commons Attribution-Non-Commercial-Share Alike 3.0 license (the "CC License").

CoolHub.IMSA gives You the ability to apply rights and restrictions other than the CC License to Your Content. For more information about the other rights and restrictions options for Your Content, please refer to the Adding new Content page. Other users of CoolHub.IMSA have the same rights with respect to Content that they contribute to CoolHub.IMSA. Your use of such Content is subject to the CC License and/or any additional or different rights and restrictions specified by the contributor of the Content. If You post Content to CoolHub.IMSA, You represent and warrant to CoolHub.IMSA that You have all rights necessary to post that Content and to grant the above rights to CoolHub.IMSA.

B.Subject to the rights that You grant to others in Your Content, You retain ownership of all rights, title and interest in and to Your Content. You acknowledge that all or portions of Your Content may be subject to third-party copyright and/or other proprietary rights. Accordingly, You agree to be responsible for complying with the requirements of all applicable copyright laws and other laws applicable to any proprietary material contained in Your Content, as well as all liability and damages arising from Your failure to do so.

C.By posting Content on CoolHub.IMSA, You grant CoolHub.IMSA a non-exclusive, transferable, sub-licensable, royalty-free, world-wide license to use any Content You post in connection with CoolHub.IMSA and services offered by CoolHub.IMSA's partners regardless of the form of media used or whether CoolHub.IMSA or other services now exist or are developed in the future.

D."CoolHub.IMSA", "CoolSpots", "CoolJams", "CoolPorts" and the CoolHub.IMSA logo are trademarks/service marks of IMSA and will not be used without our written permission. Other featured words, symbols or marks used to identify the source of goods and/or services, may be the trademarks of their respective owners.

IMSA and/or its affiliated partners own all rights, title and interest, including, without limitation, all intellectual property rights, in and to CoolHub.IMSA, including, without limitation, all computer code, graphics, user interfaces and audiovisual content used to provide CoolHub.IMSA and the combination of all the elements on CoolHub.IMSA. Except as expressly provided for in these Terms of Use Agreement, by registering, creating an account or using CoolHub.IMSA, You acquire no rights in or to CoolHub.IMSA.

E.You acknowledge and agree that CoolHub.IMSA may keep copies of all of Your Content and may disclose Your Content and other data in its possession if required to do so by law or if it has a good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that any Content violates the rights of third parties, or protect the rights, property, or safety of CoolHub.IMSA, its users and the public.

F.If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2.A description of the copyrighted work that You claim has been infringed;

3.A description of where the material that You claim is infringing is located on CoolHub.IMSA;

4.Your address, telephone number, and email address;

5.A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6.A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Service can be reached by directing an e-mail to the Copyright Agent at coolhub@imsa.edu

If IMSA removes Your Content for infringing someone else's copyright, and You believe we removed it by mistake, we will provide You with an opportunity to appeal.

4.Contributing Content

A.You agree that You will not:

(i) Contribute Content that is: illegal; inaccurate; obscene; threatening, intimidating or harassing; defamatory; pornographic or contains nudity or graphic violence; invasive of privacy; infringing of intellectual property rights; injurious or objectionable to third parties; or consists of or contains software viruses or malicious code; political campaigning; chain letters; mass mailings; or any form of unauthorized commercial communication such as "spam"; or

(ii) Do anything that could disable, overburden, impair or disrupt the proper working of CoolHub.IMSA or the systems that comprise or provide for the delivery of CoolHub.IMSA; or

(iii) Resell or transfer CoolHub.IMSA or use CoolHub.IMSA to perform services on behalf of third parties; or

(iv) Use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Content.

CoolHub.IMSA reserves the right to remove Your Content, without prior notice and without liability, in its sole discretion as determined by CoolHub.IMSA to violate the requirements of these Terms of Service. CoolHub.IMSA takes no responsibility and assumes no liability in connection with any Content contributed by users of CoolHub.IMSA. CoolHub.IMSA reserves the right, but does not assume any obligation, to monitor Your online conduct to enforce these Terms of Service.

5.User Rights

A.IMSA may modify or adapt Your Content for the purpose of transmission, display or distribution over computer networks and other media. Changes to Your Content may be made by IMSA to conform and adapt that Content to the specifications of any networks, media and other forms of delivery.

B.You are responsible for Your use of CoolHub.IMSA, for any Content You provide, and for any consequences thereof, including the use of Your Content by other users. CoolHub.IMSA will not be responsible or liable for any use of Your Content by CoolHub.IMSA in accordance with these Terms of Service. You represent and warrant that You have the authority necessary to grant the rights discussed in this Terms of Service Agreement to any Content that You submit.

C.CoolHub.IMSA grants You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to You by CoolHub.IMSA. This license is for the sole purpose of enabling You to use and enjoy the benefit of CoolHub.IMSA, in accordance with these Terms of Service.

D.CoolHub.IMSA does not disclose Your personal information to third parties except in accordance with our Privacy Policy.

E.If You collect information from users, You will: obtain their consent, make it clear You (and not CoolHub.IMSA) are the one collecting their information, and post a privacy policy explaining what information You collect and how You will use it.

A.You are at liberty to cancel Your account at any time [for any reason or for no reason] by following the cancellation procedure ("Cancellation Procedure") described in CoolHub.IMSAFAQ.

B.It is Your sole responsibility to cancel Your account using the method identified in the Cancellation Procedure. The cancellation of Your account will not be effective unless and until You indicate Your desired intention to cancel Your account using the Cancellation Procedure. A telephone call or email communication requesting that Your account be cancelled will not be considered an effective cancellation.

C.CoolHub.IMSA will terminate a user's account if the user fails to comply with these Terms of Service. IMSA will terminate the account(s) of any user who engages in inappropriate behavior or illegal activity in connection with CoolHub.IMSA.

7.Online Conduct and Safety

IMSA will do its best to keep CoolHub.IMSA safe, but we cannot guarantee it. We need Your help to do that, which includes the following commitments:

A.The CoolHub.IMSA experience is founded on the premise of sharing, collaboration, and mutual respect. To help guide Your conduct regarding the use of CoolHub.IMSA, refer to IMSA's Community Guidelines (http://coolhub.imsa.edu/group/guest/communities-of-trust).

B.Code of Conduct: You agree to make only good faith use of CoolHub.IMSA that demonstrates respect for the rights of others. You shall not waste, diminish or cause harm to the shared resources and efforts that make up CoolHub.IMSA.

C.Online conduct should be guided by common sense having regard to the nature of CoolHub.IMSA and respect for other users and for the employees and representatives of IMSA. Inappropriate behavior or illegal activities identified in connection with CoolHub.IMSA will not be tolerated.

D.You acknowledge and agree that You will be personally responsible for Your use of CoolHub.IMSA and for all of Your communications and activities in connection with CoolHub.IMSA, including, without limitation, any and all Content and materials (including, without limitation, any related data and information) that You contribute to CoolHub.IMSA (whether alone or in collaboration with others).

E.Public Act 97-0711 amends the Illinois Abused and Neglected Child Reporting Act (ANCRA) to expressly make all "personnel of institutions of higher education" mandated reporters, requiring such individuals to report to the Illinois Department of Children and Family Services (DCFS) if they have reasonable cause to believe that a child known to them in their professional or official capacity may be abused or neglected.

Mandated reporters are required by Illinois law to report suspected child abuse. The list includes, but is not limited to, teachers, school personnel, higher education personnel, doctors, child care workers, law enforcement officers, social workers, and social service administrators. Child Abuse and Neglect Reports are made by calling the Department of Child and Family Services (DCFS) Hotline at 1-800-252-2873 or 1-800-25ABUSE.

As a volunteer on Mentor Matching Engine, you are a required to report suspected child abuse immediately to DCFS when you have "reasonable cause to believe" that a child known to you in your professional or official capacity may be an abused or neglected child." (ANCRA Sec.4)"

F. If You observe or encounter other instances of misconduct and unsafe practices on CoolHub.IMSA, You are obligated to report them to coolhub@imsa.edu.

(i) Your access to, or use of, or inability to access or use CoolHub.IMSA;

(ii) Any conduct or Content of any user or third party on CoolHub.IMSA;

(iii) Any Content obtained from CoolHub.IMSA

(iv) Unauthorized access, use or alteration of Your Content;

(v) Your use of CoolHub.IMSA in violation of these Terms of Service or any other terms and conditions which CoolHub.IMSA may make applicable to Users of CoolHub.IMSA or in violation of applicable law.

9. Disclaimer and Limits

1.Because of the possibility of human and mechanical error as well as other factors, CoolHub.IMSA (including all information and materials contained on CoolHub.IMSA) is provided "as is" and "as available". IMSA and its affiliated partners are not providing any warranties and representations regarding CoolHub.IMSA. IMSA and its affiliated partners disclaim all warranties and representations of any kind with regard to CoolHub.IMSA, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, IMSA will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in CoolHub.IMSA, or for the incompatibility between CoolHub.IMSA and files and the user's browser or other site accessing program. Nor will IMSA be liable for any other problems experienced by the User due to causes beyond IMSA's control. No license to the User is implied in these disclaimers.

2.IMSA and its affiliated partners do not warrant the accuracy, adequacy, or completeness of the information and materials contained on CoolHub.IMSA and expressly disclaims liability for errors or omissions in the materials and information. Furthermore, IMSA and its affiliated partners will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in CoolHub.IMSA, any incompatibility between CoolHub.IMSA and the user's files and the user's browser or other site accessing program, or any other problems experienced by the user due to causes beyond IMSA and its affiliated partners' control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing IMSA's responsibilities and obligations to users in accordance with applicable laws and regulations.

3.Under no circumstances will IMSA be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use CoolHub.IMSA or any portion thereof, regardless of whether IMSA has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.

10. Third-Party Services

A.IMSA may allow access to or advertise third-party product or service providers ("Merchants") from which You may purchase certain goods or services. CoolHub.IMSA does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. You will pay for orders in accordance with the Merchants' payment terms. Neither IMSA or CoolHub.IMSA is a party to the transactions entered into between You and Merchants. You agree that use of such Merchants is at Your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances is IMSA liable for any damages arising from the transactions between IMSA, You and Merchants or for any information conveyed by Merchants or any other service linked to our service.

11. Links to Other Web Sites

A.CoolHub.IMSA contains links to other web sites. IMSA is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by IMSA. Inclusion of any linked web site on CoolHub.IMSA does not imply approval or endorsement of the linked web site by IMSA. If You decide to leave CoolHub.IMSA and access these third-party sites, You do so at Your own risk.

12. Miscellaneous

A.This Agreement shall be treated as though it were executed and performed in Aurora, Illinois and shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the U.S. District Court for the Northern District of Illinois, Eastern Division or the Kane County, Illinois, Circuit Court for the Sixteenth Judicial Circuit. You expressly submit to the personal jurisdiction of said courts and consent to extra-territorial service of process.

Should any part of this Terms of Service Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with CoolHub.IMSA is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. IMSA's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

13. Acceptance of Agreement

A. Use of CoolHub.IMSA by You, indicates Your agreement to these Terms. If You agree to the Terms, please click the checkbox to indicate Your agreement. Once You have done so, You can access and use CoolHub.IMSA. If You do not agree to these Terms, You will be directed away from CoolHub.IMSA.

B. This Agreement constitutes the entire and only agreement between IMSA and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to CoolHub.IMSA, the content, products or services provided by or through CoolHub.IMSA, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to You. The latest Agreement will be posted on CoolHub.IMSA, and You should review this Agreement prior to using CoolHub.IMSA.